~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.2 to 4 in Crime No.472/2014 of Vidyanagar Police Station registered for the offences punishable under Sections 452, 323, 354 and 427 read with Section 34 IPC.
3. The allegation against the petitioners and other accused is that, on 26.08.2014 at 5.30 p.m., they committed house trespass into the house of the de facto complainant woman and brutally attacked her. When her son and daughter-in-law interfered, they were also attacked and beaten up. The glasses of the windows of the house were smashed and damaged.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. Learned counsel for the petitioners has pointed out that this Court had earlier granted anticipatory bail to the 1st accused. It seems that the petitioners, along with the 1st accused, had moved for anticipatory bail before this Court and by considering the age of the 1st accused as 75 years, this Court had granted anticipatory bail to the 1st accused. The petition filed by A2 to A4 was dismissed. There is no change of circumstances as far as the case is concerned. The investigation is at a stand still as the petitioners are absconding. Considering all the above, I am of the view that, while dismissing this bail application, an opportunity can be granted to the petitioners to surrender before the investigating officer and to co-operate with the investigation.
In the result, this Bail Application is dismissed. At the same time, if so advised, the petitioners may surrender before the investigating officer within seven days from today and in such case, the investigating officer can interrogate the petitioners, effect recovery if any, and conduct the investigation and produce the petitioners without delay before the concerned Judicial First Class Magistrate's Court, where the petitioners can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.
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(B.KEMAL PASHA, JUDGE) aks/03/12 The name of the Court “Judicial First Class Magistrate's Court” occurring in the 7th line of the last paragraph at page 3 of the final order dated 3.12.2014 in B.A.No.8418/2014 is corrected and substituted as “Chief Judicial Magistrate's Court, Kasaragod”, as per order dated 18.12.2014 in Crl.M.A.No.11580/2014 in B.A.No.8418/2014.
Sd/- Registrar (Judicial) // True Copy // PA to Judge